Zacarias Lapid and Ma Delaila Lapid - Page 9

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          However, the same regulation also tells us not to count certain             
          activities in deciding whether petitioners have spent enough time           
          on their activity for their participation to be material.  The              
          most important of these exclusions is time spent on investment              
          activities, which does not count unless the taxpayer is directly            
          involved in the day-to-day management or operations of the                  
          activity.  Sec. 1.469-5T(f)(2)(ii)(A) and (B), Temporary Income             
          Tax Regs., supra at 5727; see also Mordkin.  According to the               
          regulations, investment activity includes:                                  
               1.   Studying and reviewing financial statements or                    
                    reports on operations of the activity;                            
               2.   Preparing or compiling summaries or analyses of                   
                    the finances or operations of the activity for the                
                    individual’s own use; and                                         
               3.   Monitoring the finances or operations of the                      
                    activity in a non-managerial capacity.                            
          Sec. 1.469-5T(f)(2)(ii)(B)(1) through (3), Temporary Income                 
          Tax Regs., supra.                                                           
               While Mrs. Lapid testified that she spent many hours every             
          night studying and tracking her investments, the evidence she               
          submitted shows that she was actually just reviewing financial              
          statements and reports on operations.  Because the regulation               
          specifically defines such monitoring as investment activity, we             
          cannot include that time in calculating whether she met the                 
          material participation standard in three of the safe harbors she            
          is aiming for.  This is true despite our belief that Mrs. Lapid             






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